Warren Bros. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, 'pursuant to section 1279 of the Code of Civil Procedure. Judgment .ordered for defendant, with.costs, on the authority of Barber Asphalt Paving Co. v. Willcox (90 App. Div. 245). Settle order on, notice. Present — Patterson, P.' J.,'Ingraham, Laughlin, Clarke and Scott, JJ. Scott, J., concurred in á memorandum; Ingraham and Clarke, JJ., dissented.
1Opinion of the Court
Scott, J.:
In Barber Asphalt Paving Co. v. Willcox (90 App. Div. 245) the very contract involved in this submission was condemned and declared to be illegal and void under section 1554 of the Greater New York charter. * While I ' do not at all concur in the reasoning by which that result was arrived at, I consider that that case-settled the law upon the subject so far as this court is concerned, and for that reason alone feel constrained to vote for a judgment-in favor of the defendant. *863right to lay that.” The court further said: “As I view these provisions of the revised charter, so far as…
2Cases cited2 opinions
- Gage v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Barber Asphalt Paving Co. v. WillcoxAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Warren Brothers Co. v. . City of New YorkNew York Court of Appeals · 1907
- Hastings Pavement Co. v. CromwellNew York Supreme Court · 1910